Revision of the New Legislative Framework (NLF)
FEAD, the European Waste Management Association, welcomes the European Commission’s initiative to revise the New Legislative Framework (NLF). This revision offers a unique opportunity to modernise product legislation in line with digitalisation, the circular economy, and the need for regulatory coherence. FEAD’s key priorities are ensuring that the revised NLF facilitates recycling activities, supports the Single Market for secondary raw materials, and strengthens market surveillance while keeping obligations proportionate.
Smart Scope of the Digital Product Passport
FEAD supports the integration of the Digital Product Passport (DPP) into the NLF, with the aim of enhancing product traceability and compliance. However, rather than running in parallel, existing databases (e.g. SCIP) and EPR data flows should be integrated into the DPP. This integration must avoid duplication and ensure compatibility to create a system designed for day-to-day use within the waste management sector. The system must be efficient, scalable and deployable at an industrial level to be usable by the waste management sector and enhance transparency across the entire value chain with regard to materials.
Additionally, the DPP must safeguard sensitive commercial information while ensuring that waste management operators can access the necessary data for safe treatment and recycling. If information input was required from waste operators for recycled materials, it must remain proportionate and targeted. The approach should indeed focus on enhancing value chain transparency and circularity without imposing disproportionate IT and reporting burdens on waste operators.
The full FEAD position on developing and implementing an enforceable and useful DPP for the waste management sector can be found here.
Harmonisation of Definitions
The lack of harmonised definitions in EU product and waste legislation creates fragmentation and legal uncertainty, imposing unnecessary administrative burdens on waste management operators. In particular, inconsistent interpretations of key terms such as by-product, end-of-waste, and economic operator continue to hinder the development of a genuine Single Market for secondary raw materials.
For example, under the Waste Framework Directive, the criteria for by-products are interpreted differently across Member States, including on the question of when a substance or object is deemed to be produced as an integral part of a production process. Such divergences undermine legal certainty and disrupt the smooth functioning of secondary material markets.
The revised NLF should therefore ensure that definitions are applied consistently across all relevant legislation.
Adequate Conformity Assessment for Circular Products
Conformity assessment procedures must be adapted to the specific characteristics of circular processes. As recycling operations already adhere to stringent certification schemes and quality protocols, these should be recognised as equivalent evidence of compliance. This would avoid duplication, reduce unnecessary costs and provide legal certainty for operators.
The revised NLF should therefore establish a proportionate conformity framework that supports the production of secondary materials without imposing unnecessary product- level obligations on recycling activities. In this context, FEAD is calling for the introduction of a ‘one data, one reporting, one certification’ principle to ensure that compliance information already provided under existing frameworks can be reused across obligations, thereby streamlining procedures and reducing administrative burdens for waste operators.
Stronger Market Surveillance and Enforcement
Preventing non-compliant imports from entering the EU is essential to avoid undermining EU recyclers, distorting competition, and eroding consumer trust in the CE marking. To safeguard the integrity of the Single Market and support the circular economy, stronger and better-coordinated market surveillance is therefore required. The revised NLF must provide authorities with the necessary tools and resources to act swiftly and consistently against non-compliant products, including at customs. FEAD welcomes the Commission’s intention to reinforce coordination between Member States, as robust enforcement is key to ensuring a fair and competitive market. This effort should also be complemented by closer cooperation with the private sector to strengthen the capacity of competent authorities. In addition, integrating DPP data into surveillance systems will allow authorities to detect dangerous or non-compliant products more effectively, thereby supporting safe and clean material cycles.
Additionally, the responsibilities of online marketplaces in relation to non-compliant products sold through their platforms remain unclear and inadequate. This gap directly encourages free-riding under Extended Producer Responsibility (EPR) schemes and undermines the objectives of the circular economy by allowing products that do not meet EU requirements for recyclability, safety, or traceability to enter the market. As a result, compliant operators are disadvantaged and clean, safe material cycles are disrupted.
The current framework for the Authorised Representative (AR) is essential to ensure that product compliance and producer obligations under EPR schemes are enforced. However, its fragmented and inconsistent application across Member States creates loopholes that free riders can exploit, ultimately weakening investment in recycling infrastructure and circular solutions. FEAD stresses that the AR must be reinforced and harmonised at EU level to remain a cornerstone of compliance and enforcement in the circular economy.
At the same time, where effective monitoring of third-country sellers is not feasible, market surveillance authorities should be empowered to hold online marketplaces directly liable for non-compliant products made available to EU consumers. Strengthening both the AR system and the liability of online marketplaces is therefore crucial to guarantee a level playing field, protect investment in recycling, and ensure that EU product legislation effectively supports circularity.
The revision of the NLF is a crucial opportunity to align EU product legislation with the realities of circularity and digitalisation. FEAD calls on the Commission to ensure that the revised framework provides clarity, consistency, and proportionate obligations. By adopting these recommendations, the NLF will become a cornerstone of the EU’s transition towards a resource-efficient and competitive circular economy, while strengthening trust in the Single Market.
FEAD is the European Waste Management Association, representing the private waste and resource management industry across Europe, including 20 national waste management federations and 3,000 waste management companies. Private waste management companies operate in 60% of municipal waste markets in Europe and in 75% of industrial and commercial waste. This means more than 500,000 local jobs, fuelling €5 billion of investments into the economy every year. https://fead.be